Australian Government

Federal Register of Legislation

Agricultural and Veterinary Chemicals Code Act 1994

In force

Administered by

Department of Agriculture, Fisheries and Forestry

Superseded version

View latest version

C2014C00493

21 July 2014 - 24 March 2015

Table of contents

1 Short title
2 Commencement
3 Definitions
4 The Schedule
5 Citation and interpretation of Agvet Code and Agvet Regulations
6 Regulations
7 Orders
8 Compensation
Schedule—Agricultural and Veterinary Chemicals Code
Part 1—Preliminary
- Division 1—Object, definitions etc.
- 1 Object of Code
- 1A Implementing the Code
- 2 Relationship of Code to other laws
- 3 Definitions
- 4 Definition of agricultural chemical product
- 5 Definition of veterinary chemical product
- 5A Definition of meets the safety criteria
- 5B Definition of meets the efficacy criteria
- 5C Definition of meets the trade criteria
- 5D Definition of meets the labelling criteria
- 6 Determinations, approvals, exemptions etc. by APVMA
- 6A APVMA may make guidelines etc.
- 6B Varying relevant particulars and conditions
- 6C Right of APVMA to use information
- 6D Failure to comply with time limit does not affect validity
- 6E APVMA may make standards
- 7 Possession or custody of constituent or product
- 8 Labels attached to containers
- 8AA Application of the Criminal Code
- Division 2—General provisions about applications
- 8A Definition of meets the application requirements
- 8B Information to be provided with applications
- 8C Information to be taken into account in determining applications
- 8D Applications may be withdrawn
- Division 3—General provisions about notices
- 8E Notice to Food Standards Australia New Zealand
- 8F Notice to holder of approval, registration or variation
- 8G Notice to applicant of refusal of application
- 8H Published notice of approvals and registrations
- 8J Published notice of variations of approvals and registrations
- Division 4—Holders of approvals and registrations and nominated agents
- 8L Changing the holder
- 8M Nominated agent
- 8N Overseas holder must have nominated agent
- 8P Changing the nominated agent
- 8Q Nominated agent may withdraw
- 8R Role of nominated agent
- Division 5—Notice of certain proposed decisions
- 8S Notice of certain proposed decisions
- Division 6—Listed chemical products and established standards
- 8T Regulations may include schedule of listed chemical products
- 8U APVMA to prepare standards
- 8V Matters to be taken into account in preparing a standard
- Division 7—Access to certain documents and information
- 8W Access to certain documents in the possession or custody of the APVMA
- 8X Confidential commercial information must not be disclosed under certain provisions
Part 2—Approvals and registration
- Division 1—Preliminary
  - 9 Explanation of Part
- Division 2—Approving and registering
  - 9A Explanation of Division
  - 10 Applications
  - 11 Preliminary assessment
  - 12 APVMA to publish notice before deciding whether to approve new active constituent
  - 13 APVMA to publish notice before deciding whether to register chemical product containing new active constituent
  - 14 Approval and registration
  - 14A Approval of active constituents for which information is not readily available
  - 14B APVMA not to use information for registration of new chemical product to register a similar product after disclosure
  - 15 Restriction on power of APVMA to register products and approve labels
  - 16 Multiple approvals or registrations
  - 17 APVMA must keep a Record of Approved Active Constituents for Chemical Products
  - 18 APVMA must keep a Register of Agricultural and Veterinary Chemical Products
  - 19 How approval of active constituent takes place
  - 20 How registration of chemical product takes place
  - 21 How approval of label takes place
  - 22 Date of approval or registration
  - 23 Conditions of approval or registration
  - 26 Incorrect particulars and conditions
- Division 2AA—Notified variations of relevant particulars
  - 26AA Explanation of Division
  - 26AB Notice of notifiable variations
  - 26AC Variation of relevant particulars
  - 26AD Notice requirements
- Division 2A—Prescribed variations of relevant particulars
  - 26A Explanation of Division
  - 26B Applications for prescribed variations
  - 26C Decision on prescribed variations
  - 26D How prescribed variation takes place
- Division 3—Varying relevant particulars and conditions
  - 26E Explanation of Division
  - 27 Applications
  - 28 Preliminary assessment
  - 29 Varying relevant particulars and conditions
  - 29A APVMA may vary on its own initiative with holder’s consent
  - 29B How variation takes place
- Division 4—Reconsidering approvals and registrations
  - 29L Explanation of Division
  - 30 Inviting the public to propose reconsiderations
  - 31 APVMA may reconsider approval or registration
  - 32 Notice of reconsideration
  - 33 APVMA may require information, reports, results or samples
  - 34 Reconsideration by APVMA
  - 34A Varying relevant particulars or conditions to allow affirmation
  - 34AA Suspension or cancellation
  - 34AB Notice of proposed decision
  - 34AC Notice of decision on reconsideration
  - 34AF Reconsideration of approval of label without notice in certain circumstances
- Division 4A—Limits on use of information
  - Subdivision A—Preliminary
    - 34F Explanation of Division
  - Subdivision B—General rules
  - 34G General rules
  - 34H Contraventions of general rules
  - Subdivision C—Exceptions
  - 34J Consent, public interest etc.
  - 34K Further rules about public interest exception
  - 34L Information with limitation periods
  - 34M Limitation periods
- Division 5—Suspending and cancelling approvals and registrations
- 34N Explanation of Division
- 34P Notice of proposed suspension or cancellation to be given to holder
- 35 Notice of proposed suspension or cancellation to be given to co ordinators
- 35A Suspension or cancellation of registration if imminent risk to persons of death, serious injury or serious illness
- 36 Suspension or cancellation of approval or registration for breach of condition
- 38 Suspension of approval or registration for failing to give information, results, report or sample to APVMA
- 38A Suspension or cancellation of approval or registration for providing false or misleading information
- 39 Suspension of approval or registration if compensation for use of protected information cannot be arbitrated
- 41 Suspension or cancellation of approval or registration for non compliance with criteria for approval or registration or prescribed requirements
- 42 Cancellation of approval or registration at request of holder
- 43 Effect of suspension of approval or registration
- 44 Inter related suspensions and cancellations
- 45 How approval or registration is suspended or cancelled
- 45A Notice of suspension or cancellation
- 45B Permit taken to have been issued
- 45C Possession or custody with intention of supply
- 46 How suspension or cancellation is revoked
- Division 6—Duration of approvals and registrations and renewal of registrations
- Subdivision A—Preliminary
  - 46A Explanation of Division
- Subdivision B—Period of approval or registration
  - 47 Period of approval or registration
- Subdivision C—Notifying the end of registrations
  - 47C Notice of end of registration
  - 47D Permit taken to have been issued
  - 47E Possession or custody with intention of supply
- Subdivision D—Renewing registrations
  - 48 Applications
  - 49 Renewal of registration
  - 50 How renewal takes place
  - 51 Renewal of approval of label
Part 2B—Reserved chemical products
- 56ZU Regulations may contain schedule of reserved chemical products
Part 3—Compensation for provider of certain information in respect of continued registration of certain chemical products
- Division 1—Preliminary
  - 57 Explanation of Part
- Division 2—Right to compensation
- Division 3—Mediation or arbitration as to terms of compensation
Part 4—Control of chemical products
- Division 1—Preliminary
  - 72 Explanation of Part
  - 73 Part not to apply to veterinary surgeons acting under other laws
- Division 2—Control generally
- Division 3—Date controlled chemical products
- Division 4—Restricted chemical products
Part 5—Analysis
- 96 Explanation of Part
- 97 Analysis by approved analysts
- 98 Evidence of results of analysis
- 99 Information and documents about, and analysis of, substances supplied as active constituents or chemical products
Part 6—Recall notices
- 100 Explanation of Part
- 101 Recall of products that are not registered or whose registration is being reconsidered
- 102 Recall of products in certain circumstances
- 103 Recall of products with labels that are not approved or are not authorised by an established standard
- 104 Notice of recall to be published
- 105 Non compliance with recall notice
- 106 Recall under Competition and Consumer Act
- 107 Inconsistent requirements
Part 7—Permits
- 108 Explanation of Part
- 109 Definition of permit
- 110 Applications
- 110A Preliminary assessment
- 111 Functions of co ordinators
- 112 Issuing permits
- 112A APVMA may issue permit on its own initiative
- 113 Record of Permits
- 114 How permits are issued
- 115 Duration of permit
- 116 Effect of permit and compliance with conditions of permit
- 117 Surrender of permit
- 117A Notice of proposed suspension or cancellation to be given to permit holder
- 118 Suspension of permit—general grounds
- 119 Cancellation of permit—general grounds
- 119A Suspension or cancellation of permit—imminent risk to persons of death, serious injury or serious illness
- 119B Suspension or cancellation of permit—providing false or misleading information
Part 8—Manufacture of chemical products
- 120 Explanation of Part
- 120A Exclusion of certain chemical products
- 121 Offences relating to manufacture and licences
- 122 Application for licence
- 123 Issue of licence
- 125 Period of licence
- 126 Conditions of licences
- 127 Suspension and cancellation of licences
- 128 Publication of list of manufacturers etc.
Part 9—Investigative powers
- Division 1—Preliminary
  - 129 Explanation of Part
- Division 2—Requiring people to attend, give information and produce documents or things
  - Subdivision A—Notices by the APVMA
    - 130 Notice to produce or attend
    - 130A APVMA may retain documents and things
  - Subdivision B—Offence and related provisions
    - 130B Failure to comply with notice etc.
    - 130C Self incrimination etc.
- Division 3—Monitoring
  - Subdivision A—Monitoring powers etc.
  - Subdivision B—Powers of inspectors to ask questions and seek production of documents
    - 131F Inspector may ask questions and seek production of documents
    - 131G Copying of documents
- Division 4—Investigation
  - Subdivision A—Investigation powers
  - Subdivision B—Powers of inspectors to ask questions and seek production of documents
    - 132G Inspector may ask questions and seek production of documents
    - 132H Copying of documents
- Division 5—Obligations and incidental powers of inspectors
- Division 6—Execution of an investigation warrant interrupted
  - 138A Completing execution of an investigation warrant after temporary cessation
  - 138B Completing execution of an investigation warrant stopped by court order
- Division 7—Occupier’s rights and responsibilities
  - 138C Occupier entitled to observe execution of warrant
  - 138D Occupier to provide inspector with facilities and assistance
- Division 8—General provisions relating to seizure
- Division 9—Applying for warrants etc.
- Division 10—Powers of magistrates
  - 143F Powers of magistrates
Part 9A—Enforcement
- Division 1—Preliminary
  - 145 Explanation of Part
- Division 2—Civil penalty orders
- Division 3—Infringement notices
- Division 4—Enforceable undertakings
  - 145E Acceptance of undertakings
  - 145EA Enforcement of undertakings
- Division 5—Injunctions
- Division 6—Substantiation notices
- Division 7—Enforceable directions
  - 145H APVMA may give directions
- Division 8—Formal warnings
  - 145J APVMA may issue a formal warning
- Division 9—Miscellaneous
Part 10—Miscellaneous
- 153 Explanation of Part
- 154 Recognition of things done under corresponding laws
- 155 Discharge of obligations under this Code
- 156 The making of single applications or the giving of single notices under the Agvet Codes of all jurisdictions
- 156A Giving information electronically
- 157 Samples to be given for analysis
- 159 APVMA or other authority may require, or require additional, information, report or sample in certain circumstances
- 160 Overseas trials and experiments etc.
- 160A Notification of new information to APVMA in respect of pending application
- 161 Notification of new information to APVMA
- 162 Disclosure of confidential commercial information
- 163 Notice to the applicant or holder of proposed disclosure of information that is claimed to be confidential commercial information
- 163A Legislative instruments to be disallowable
- 163B Certain provisions to have effect as part of this Code
- 164 Fees
- 165 Period within which APVMA is to determine applications
- 165A Period within which APVMA is to conclude reconsiderations under Division 4 of Part 2
- 166 Internal review of decisions
- 167 Review of decisions by Administrative Appeals Tribunal
- 168 Statement to be included in certain notices of decisions
- 169 Documents and samples become property of APVMA
- 170 Provisions relating to offences
- 170A Person not to use protected name or protected symbol
Part 11—Transitional provisions
- 171 Explanation of Part
- 172 Existing clearance for registration of chemical product
- 174 Existing registration of chemical product
- 176 Existing registration or approval of label
- 178 Provisions that apply in respect of existing registrations or approvals
- 180 Reconsideration of existing clearances for registration
- 181 Existing permit
- 183 Pending proceedings before Administrative Appeals Tribunal
- 184 Existing notices requiring further information or samples
Endnotes
- Endnote 1—About the endnotes
- Endnote 2—Abbreviation key
- Endnote 3—Legislation history
- Endnote 4—Amendment history
- Endnote 5—Uncommenced amendments [none]
- Endnote 6—Modifications [none]
- Endnote 7—Misdescribed amendments [none]
- Endnote 8—Miscellaneous [none]